Bill > SB49

This bill modifies South Dakota's laws regarding eminent domain, specifically prohibiting its use for certain types of energy and infrastructure projects. The legislation prevents the use of eminent domain for pipelines transporting carbon dioxide or hydrogen, solar and wind energy facilities, and any facilities qualifying for specific federal tax credits under sections 45 and 48 of the U.S. tax code. The bill amends existing statutes to remove the automatic right of utility companies to use eminent domain for transmission line construction, particularly for carbon dioxide and hydrogen pipelines. Additionally, the bill restricts the ability of the Public Utilities Commission to override local municipal or county building, land use, or zoning regulations for transmission facilities related to carbon dioxide or hydrogen. The changes effectively limit property owners' ability to be compelled to sell land for these specific energy infrastructure projects, giving more control to local jurisdictions and protecting private property rights against certain types of energy development.

Government Affairs

https://sdlegislature.gov/#/Session/Bill/25687